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sino ang tunay na may Karapatan?

Ako nga po pala si Reyryan Villanueva at gusto ko po sanang humingi ng advice patungkol sa sitwasyon ng family ko ngayon. Nakatira po kami ngayon sa bahay ng namatay kong Auntie Modesta dito sa Nasugbu, Batangas. Si Auntie Modesta (a.k.a. Moding) is the oldest sister of my mother Estelita. My untie died long time ago and she left her house to my oldest sister Michella. Iniwan niya ang bahay sa ate ko kasi halos siya na ang nagpalaki sa ate ko. Since child, sa kanya na nakatira ang ate ko, siya rin ang nagpaaral dito. Before my untie died, she said that the house will be given to my sister since siya ay matandang dalaga - walang asawa at walang anak. She considered my sister as her biological daughter though pamangkin niya lang iyon. Now the problem is that my uncle, the brother of my untie, is trying to get the house because he wants to live their. Pinagbabantaan niya ang tatay ko na if we will not leave the house, he will do worst thing. We don't have any last will testament but everyone in the family of my untie knows the fact that the house was left to my sister and they keep quiet about that. What shall we do? Can you please help me because the threat still runs and it's getting worst.

We don't have enough resources to ask professional lawyer personally that is why I decided to write in your good office. I hope and I pray na matulungan niyo po ako.

gather enough evidence like her record at school that your Auntie is her guardians since she was young and anything that can help you prove she is in her care since she was little until she grows up! even there's no legal adoption processed she is the one living with her all along therefore she has more rights than your Uncle. Report the matter to the Baranggay first to inform them the situations so they know that he is threathening and bothering your sister and your family. Make sure you gather all of the evidence like pictures and if there are some people who can testify when your Auntie was still alive that she is taking care of your sister!

thanks for your advice, Attentionseeker. If you don't mind, can I ask any legal law article regarding with the problem. After providing some evidences, is there any law which can prove that my sister gain more the right than my uncle? thanks

Equitable adoption occurs when the natural parents have agreed to the adoption, but the adopting parents did not complete the legal requirements for adoption before they died. Equitable adoption has 5 specific requirements before the child can receive a share of the intestate property: there was an agreement—written, oral, or implied—to have the adopting parents adopt the child; the natural parents have given up custody of the child; the child moved in with the adopting parents; the adopting parents have taken the child into their home and raised it; and the adopting parents died intestate. Some judges have argued, mostly in dissenting opinions, that the requirements for equitable adoption are too strict, and that an emphasis should be placed on whether the child believed that it was adopted and substantially performed by moving in with the adopting parents and living as their child.

Under equitable adoption, the child has a right to inherit from the adopting parents, but the adopting parents have no right to inherit either from or through the child. Because the adoption was not completed, the child's legal relationship with its natural parents was not severed, and, thus, both the natural parents and the child retain all rights of inheritance from each other.

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